Vol. 148, No. 14 — July 2, 2014

Registration

SOR/2014-159 June 13, 2014

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks)

P.C. 2014-684 June 12, 2014

Whereas, pursuant to subsection 30(1) (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks), substantially in the annexed form, was published in the Canada Gazette, Part I, on December 1, 2012 and a reasonable opportunity was given to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 (see footnote c) of the Transportation of Dangerous Goods Act, 1992 (see footnote d), makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks).

REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (PART 4, DANGEROUS GOODS SAFETY MARKS)

AMENDMENTS

1. The entry for section 1.39 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is replaced by the following:

Class 6.2, Infectious Substances, UN3373, BIOLOGICAL

SUBSTANCE, CATEGORY B Exemption ...... 1.39

2. Paragraph 1.3(2)(f) of the Regulations is replaced by the following:

3. Item 39 of the table to section 1.3.1 of the Regulations is replaced by the following:

Item Column 1

Short Form		 Column 2

Safety Standard or Safety Requirement
39 (34) UN Recommendations “Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN)

4. (1) The definition “UN Recommendations” in section 1.4 of the Regulations is replaced by the following:

UN Recommendations

means the “Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN). (Recommandations de l’ONU)

(2) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:

consolidation bin

means a bin that is used in a road vehicle

Unlike an overpack, a consolidation bin allows users to add or remove small means of containment during transport. A typical user of consolidation bins would be a delivery service that makes many deliveries in one route.

overpack

means an enclosure that is used by a single consignor to consolidate one or more small means of containment for ease of handling but that is not a minimum required means of containment. This definition does not include a large means of containment or a unit load device, as defined in the ICAO Technical Instructions, that is intended for transport by aircraft. (suremballage)

Examples of overpacks include

5. Paragraph 1.15(2)(c) of the Regulations is replaced by the following:

6. The portion of section 1.17 of the Regulations after the title is replaced by the following:

7. The portion of paragraph 1.31(d) of the Regulations before subparagraph (i) is replaced by the following:

8. (1) The portion of section 1.39 of the Regulations before paragraph (b) is replaced by the following:

1.39 Class 6.2, Infectious Substances, UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B Exemption

Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, except section 4.22.1, do not apply to the handling, offering for transport or transporting of infectious substances that are included in Category B if

(2) Subparagraph 1.39(b)(ii) of the French version of the Regulations is replaced by the following:

(3) Paragraph 1.39(c) of the French version of the Regulations is replaced by the following:

9. (1) The Table of Contents of Part 4 of the Regulations is amended by adding the following after the entry for section 4.1:

Voluntary Display of a Placard ....... 4.1.1

(2) The entry for section 4.10 in the Table of Contents of Part 4 of the Regulations is replaced by the following:

Labels on a Small Means of Containment ....... 4.10

Safety Marks on an Overpack ....... 4.10.1

Safety Marks on a Consolidation Bin ....... 4.10.2

(3) The entries for sections 4.15 to 4.19 in the Table of Contents of Part 4 of the Regulations are replaced by the following:

Placards on a Large Means of Containment ....... 4.15

Subsidiary Class Placards on a Large Means of Containment ....... 4.15.1

UN Numbers on a Large Means of Containment ....... 4.15.2

Placards and UN Numbers on a Large Means of Containment ....... 4.15.3

Visibility of Labels, Placards and UN Numbers on a Large Means of Containment ....... 4.15.4

DANGER Placard ....... 4.16

Placarding Exemption for Dangerous Goods Having a Gross Mass of 500 kg or Less ....... 4.16.1

Class 1, Explosives ....... 4.17

Options for Class 2, Gases ....... 4.18

Class 2, Gases: Placards for Oxidizing Gases ....... 4.18.1

Class 2, Gases: Placards for UN1005, ANHYDROUS AMMONIA ....... 4.18.2

Class 2, Gases: Placards for Tube Trailers ....... 4.18.3

Placards and UN Numbers on a Compartmentalized Large Means of Containment ....... 4.19

(4) The Table of Contents of Part 4 of the Regulations is amended by adding the following after the entry for section 4.22.1:

Toxic — Inhalation Hazard ....... 4.23

10. The italicized list after the heading “Definitions” in Part 4 of the Regulations is amended by adding the following in alphabetical order:

11. Part 4 of the Regulations is amended by adding the following after section 4.1:

4.1.1 Voluntary Display of a Placard

When a person transports dangerous goods in or on a road vehicle or railway vehicle and the person voluntarily displays a placard on the vehicle, the following provisions apply:

12. The portion of section 4.2 of the Regulations after the title is replaced by the following:

13. The portion of section 4.9 of the Regulations after the title is replaced by the following:

14. The title of section 4.10 of the Regulations is replaced by the following:

4.10 Labels on a Small Means of Containment

15. Section 4.10 of the Regulations is amended by adding the following after subsection (4):

16. Part 4 of the Regulations is amended by adding the following after section 4.10:

4.10.1 Safety Marks on an Overpack

4.10.2 Safety Marks on a Consolidation Bin

When a label is required by this Part to be displayed on a small means of containment that is inside a consolidation bin, an indication of each class of dangerous goods contained in the consolidation bin must be clearly and legibly marked on a tag or fixed display device that is attached to the bin.

17. Subsection 4.11(1) of the French version of the Regulations is replaced by the following:

(1) Lorsque des marchandises dangereuses sont en transport dans un petit contenant qui doit porter une étiquette indiquant leur classe primaire, l’appellation réglementaire des marchandises dangereuses doit être apposée sur le petit contenant à côté de l’étiquette indiquant leur classe primaire.

18. Sections 4.15 and 4.16 of the Regulations are replaced by the following:

4.15 Placards on a Large Means of Containment

4.15.1 Subsidiary Class Placards on a Large Means of Containment

A subsidiary class placard for dangerous goods must be displayed, next to the primary class placard for the dangerous goods, on each side and on each end of a large means of containment if the dangerous goods require an emergency response assistance plan and

4.15.2 UN Numbers on a Large Means of Containment

UN numbers, except UN numbers for dangerous goods included in Class 1, Explosives, must be displayed on a large means of containment in accordance with subsection 4.8(2) if the dangerous goods

4.15.3 Placards and UN Numbers on a Large Means of Containment

A placard, or a placard and UN number, must be displayed on each side and on each end of a large means of containment, except that

When IBCs that have labels on them are inside a road vehicle or railway vehicle or are loaded onto a road vehicle or railway vehicle, the requirements of this Part for the display of placards on the road vehicle or railway vehicle still apply.

4.15.4 Visibility of Labels, Placards and UN Numbers on a Large Means of Containment

4.16 DANGER Placard

The display of a DANGER placard is not mandatory, but if it is not displayed, compliance with section 4.15 is required and the primary class placards for the dangerous goods must be displayed. However, compliance with section 4.15 is always required for dangerous goods that are not allowed to be identified by the DANGER placard but that may be loaded into the same large means of containment.

4.16.1 Placarding Exemption for Dangerous Goods Having a Gross Mass of 500 kg or Less

Subsection (1) provides an exemption from placarding requirements if the dangerous goods in or on a road vehicle or railway vehicle have a gross mass that is less than or equal to 500 kg.

Subsection (2) sets out which dangerous goods cannot be counted in the 500 kg and are, therefore, subject to the placarding requirements.

For example, a road vehicle contains 2 300 kg of dangerous goods. Of that quantity, 2 000 kg are dangerous goods that meet one of the conditions in subsection (2) and 300 kg are dangerous goods that do not meet any of the conditions in subsection (2).

The 2 000 kg of dangerous goods that meet one of the conditions in subsection (2) require a placard, but the remaining 300 kg of dangerous goods do not require a placard.

19. The title of section 4.17 of the Regulations is replaced by the following:

4.17 Class 1, Explosives

20. Subsection 4.17(3) of the Regulations is repealed.

21. Section 4.18 of the Regulations is replaced by the following:

4.18 Options for Class 2, Gases

Despite section 4.15, if a road vehicle transporting toxic gases, flammable gases or oxygen, or gases included in Class 2.2, Non-Flammable and Non-toxic Gases, is placarded with the Toxic Gases placard, the following placards are not required to be displayed on the road vehicle:

4.18.1 Class 2, Gases: Placards for Oxidizing Gases

When dangerous goods included in Class 2, Gases, and contained in a large means of containment are oxidizing gases, the oxidizing gas placard illustrated in the appendix to this Part must be displayed on the large means of containment for the following dangerous goods instead of the placard required by section 4.15, but if an emergency response assistance plan is required for the dangerous goods the UN number must also be displayed:

4.18.2 Class 2, Gases: Placards for UN1005, ANHYDROUS AMMONIA

When UN1005, ANHYDROUS AMMONIA, is contained in a large means of containment, the large means of containment must have displayed on it

4.18.3 Class 2, Gases: Placards for Tube Trailers

When dangerous goods included in Class 2, Gases, are contained in a combination of tubes that are a single unit as a result of being interconnected through a piping arrangement and are permanently mounted on a structural frame for transport, the combination of tubes may be placarded as if it were one large means of containment.

22. The title of section 4.19 of the Regulations is replaced by the following:

4.19 Placards and UN Numbers on a Compartmentalized Large Means of Containment

23. (1) Paragraph 4.19(2)(b) of the English version of the Regulations is replaced by the following:

(2) Section 4.19 of the Regulations is amended by adding the following after subsection (2):

(3) Despite paragraph (2)(b), if a compartmentalized large means of containment contains UN3475, ETHANOL AND GASOLINE MIXTURE, the UN number “UN3475” must be displayed, in addition to the UN number of the dangerous goods with the lowest flash point, on each side and on each end of the compartmentalized large means of containment.

24. The portion of section 4.21 of the Regulations after the title is replaced by the following:

25. The portion of section 4.22.1 of the Regulations after the title is replaced by the following:

The Category B mark illustrated in the appendix to this Part must be displayed, instead of the Class 6.2, Infectious Substances label, on a small means of containment containing infectious substances included in UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B.

26. The Regulations are amended by adding the following after section 4.22.1:

4.23 Toxic – Inhalation Hazard

27. The subheading “Label and Placard for UN1005, ANHYDROUS AMMONIA” after the illustration of the label and placard after the subheading “Class 2.3, Toxic Gases” in the appendix to Part 4 of the Regulations is replaced by the following:

Placard for UN1005, ANHYDROUS AMMONIA

28. The illustration, subheading and descriptions of the label and placard after the subheading “Class 5.2, Organic Peroxides” in the appendix to Part 4 of the Regulations are replaced by the following:

Detailed information can be found in the surrounding text.

Label and Placard

Black: Number and line 5 mm inside the edge for a label and 12.5 mm inside the edge for a placard

Black or white: Symbol

Yellow: Lower half of the background

Red: Upper half of the background

The symbol is a flame.

29. The illustration and descriptions after the subheading “MARINE POLLUTANT MARK” in the appendix to Part 4 of the Regulations are replaced by the following:

Detailed information can be found in the surrounding text.

Black: Symbol

White: Background

Size: For small means of containment, a square on point with each side at least 100 mm in length. For large means of containment, a square on point with each side at least 250 mm in length.

The symbol is a fish and a tree.

30. The descriptions after the illustration after the subheading “CATEGORY B MARK” in the appendix to Part 4 of the Regulations are replaced by the following:

Letters, numbers and line: Letters and numbers at least 6 mm high and line at least 2 mm wide

White: Background, except that the background may be the colour of the means of containment if it contrasts with the letters, numbers and line

Size: Square on point with each side at least 50 mm in length

31. The Table of Contents of Part 5 of the Regulations is amended by adding the following after the entry for section 5.17:

Consolidation Bins

Consolidation Bins ....... 5.18

32. The italicized list after the heading “Definitions” in Part 5 of the Regulations is amended by adding the following in alphabetical order:

consolidation bin

33. The Regulations are amended by adding the following after section 5.17:

Consolidation Bins

5.18 Consolidation Bins

A person must not use a consolidation bin to handle or transport dangerous goods in a road vehicle unless

34. The portion of UN Numbers UN0027 and UN0028 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

UN Number		 Col. 5

Special Provisions
UN0027 76, 90
UN0028 90

35. Schedule 2 to the Regulations is amended by adding the following after special provision 89:

90. These Regulations, except for Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, and Part 2, Classification, do not apply to the handling, offering for transport or transporting of these dangerous goods on a road vehicle, a railway vehicle or on ship on a domestic voyage if

UN0027, UN0028

TRANSITIONAL PROVISION

36. A person may, for a six-month period that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day.

COMING INTO FORCE

37. These Regulations come into force on July 14, 2014.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Transportation of Dangerous Goods Regulations (TDG Regulations) require dangerous goods safety marks such as labels, placards, signs and marks to be displayed on a means of containment containing dangerous goods in transport. The dangerous goods safety marks identify the presence of the dangerous goods and the nature of the risk they pose.

There have been different interpretations and enforcement practices across provincial jurisdictions particularly regarding the DANGER placard. In the past, the DANGER placard could have left first responders uncertain as to the risks involved when they were called to the scene of an accident.

Objectives

These amendments modify several sections of the TDG Regulations to clarify the existing requirements for the display of labels on overpacks and modify the placarding scheme for large means of containment.

Description

Notable amendments to the TDG Regulations, as detailed below,

Overpack and consolidation bin

A definition for “overpack” is added, along with new provisions to establish the labelling and marking requirements of the overpack. Since the concept of “overpack” was not recognized before, an overpack transiting to or through Canada was considered by definition to be a large means of containment; because an overpack was not a standardized means of containment, it was not permitted for use in the transportation of dangerous goods. This created a gap in the TDG Regulations and was causing enforcement problems, which are solved through this harmonization with the UN Recommendations, the International Civil Aviation Organization (ICAO) Technical Instructions, the International Maritime Dangerous Goods Code (IMDG Code) and the requirements of 49 CFR. Further, this harmonized placarding option simplifies selection and recognition of placarding for both the user and enforcement authorities. A definition is also added for “consolidation bin,” that defines a container for use in a road vehicle in which items from many shippers are grouped together for transport, and allows for the addition or removal of items during transport, as opposed to an overpack which must remain intact during the entire transportation process.

New placarding scheme

These amendments introduce a change from requiring the display of placards only when a certain quantity of dangerous goods is present, to requiring the display of safety marks for any quantity of dangerous goods. This change further recognizes that even though a placarded shipment of dangerous goods is in a quantity that could be exempted from placarding, it cannot be held to be out of compliance with the TDG Regulations, either as to the presence of danger or to the nature of the danger. For instance, under the present Regulations, a driver must remove the placards when the remaining quantity of dangerous goods no longer requires them. These amendments allow this same driver to retain the placards until the last delivery is completed and the vehicle no longer contains any of the dangerous goods indicated by the placard. As is the case with the overpack requirements, these amendments align our Regulations with those of 49 CFR and are helpful to emergency personnel and inspectors in both countries.

500 kg exemption: These amendments exempt some dangerous goods from the placarding requirements of section 4.15. This relaxation does not apply to dangerous goods transported by road or railway vehicle, such as Class 2.3, Toxic Gases, Class 4.3, Water-reactive Substances, Class 5.2, Organic Peroxides, type B, that require a control temperature, Class 7, Radioactive Materials, for which a Category III — yellow label is required, or Class 2.1, Flammable Gases, when destined to be transported by ship. This exemption also does not apply to dangerous goods for which the display of a UN number is required. The changes enhance harmonization with 49 CFR and with international recommendations.

To clarify the requirements for the 500 kg exemption, new placarding requirements replace section 4.15 in its entirety, including the table. The new section 4.15 requires that the primary class placard for each class of dangerous goods be affixed on a large means of containment, such as a truck, a rail car or an intermediate bulk container (IBC). In section 4.16.1 some dangerous goods are exempted from this requirement. These new requirements are fully harmonized with 49 CFR and are a significant improvement to cross-border trade in all modes of transport.

DANGER placard: The requirements for the display of the DANGER placard are in a new section 4.16. Since the United States and Canada are the only two countries that include a DANGER placard in their respective regulations and trade between the two countries is substantial, the requirements in section 4.16 are harmonized with the requirements in the U.S. regulations, 49 CFR.

The purpose of placards on a large means of containment is to allow, as much as possible, immediate identification of the primary class of dangerous goods and, when required, the subsidiary class, in the event of an accident or incident. If the UN number is also required to be displayed, emergency responders base their immediate response on that number. The DANGER placard does not provide the information that primary class and subsidiary class placards and UN numbers provide. Consequently, the use of a DANGER placard will be restricted to certain dangerous goods and to groupings of small means of containment.

Section 4.18 of the previous TDG Regulations allowed a mixed load of gases to be identified by the DANGER placard with the most dangerous of the gases identified by the appropriate class placard. The placarding options created various possibilities for compliance, which were confusing for first responders. These options are removed through this new placarding scheme to be consistent with 49 CFR.

New safety marks

These amendments introduce new dangerous goods safety marks for dangerous goods included in Class 5.2, Organic Peroxides, for marine pollutants and also for dangerous goods offered for transport under the limited quantity exemption. The new dangerous goods safety marks have already been introduced in the UN Recommendations and the 49 CFR and facilitate movements of dangerous goods transported under the IMDG Code, the ICAO Technical Instructions and 49 CFR. A transitional period is also included to allow the previous limited quantity marking to be used until December 31, 2020, so that stakeholders can liquidate their pre-marked stock.

Other amendments

“One-for-One” Rule

The proposal would constitute an OUT under the “One-for-One” Rule. The relaxation allows placards or labels on opposite sides of an IBC. This relaxation eliminates the need for over 100 equivalency certificates (permits) currently in place. Since certificates are valid for two years, this equates to a reduction in administrative burden of $43,400 over 10 years, resulting in an annualized reduction of approximately $6,500. The cost of applying for an equivalency certificate is based on an average requirement of three hours at $43.14 per hour;

Small business lens

The small business lens does not apply to this proposed amendment.

Consultation

Consultation included the identification of issues and concerns involving groups and organizations engaged in transporting dangerous goods or responsible for public safety. Clarity and presentation of the texts, costs and benefits, alternatives, and enforcement policies were discussed. The proposed amendments were presented to the following:

Comments were received from provincial authorities, carriers, industry, and enforcement personnel. Commenters generally supported the changes.

Commenters unanimously welcomed the addition of the concept of “overpack” in the TDG Regulations. While the current TDG Regulations require dangerous goods safety marks to be visible, the Regulations did not contain a definition for “overpack” or specific requirements for labelling and marking an overpack and this has caused inconsistencies in the application of the TDG Regulations in the provincial, territorial and federal jurisdictions.

Throughout informal consultation, commenters have expressed a desire to harmonize the definition and the labelling and marking requirements with international recommendations and U.S. regulations. The Directorate agrees with the commenters, and these amendments harmonize the overpack definition and marking requirements with international recommendations and with the requirements of 49 CFR. The industry will greatly benefit from this proposed harmonization, which is consistent with one of the objectives of the Regulatory Cooperation Council, namely to develop smarter and more effective approaches to regulation to enhance economic competitiveness.

Stakeholders requested that clearer direction be given in section 4.9, Removal of Dangerous Goods Safety Marks. Consequently, the wording of the section is clarified. For example, the text allows placards to remain displayed until the danger indicated by the placard is no longer present.

Many stakeholders supported the new placarding criteria, which were seen as a significant improvement over the current Regulations. Specifically for the 500 kg or less placarding exemption, the current wording has sometimes been interpreted by industry and the various jurisdictions enforcing the TDG Regulations as meaning that the placard must not be displayed for quantities of 500 kg or less, which is not the intent of the Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992).

One commenter objected to restricting the use of the DANGER placard for the transport of mixed loads of gases and suggested maintaining the options that are presently in place. However, these have proven to be confusing, leaving the emergency responders to guess which placarding option was used for a given shipment. These amendments align the placarding requirements of gases with those of other dangerous goods and also with the 49 CFR.

Another commenter agrees with the new restrictions for the use of the DANGER placard, stating that adequate information must be available to first responders about the risks they face. The commenter also agrees with the principle of harmonization with U.S. practices.

Other comments suggesting minor changes were incorporated where possible to

The proposed Regulations were published in the Canada Gazette, Part I, on December 1, 2012, followed by a 75-day comment period. Seventeen comments were received from the chemical manufacturing industry, the packaging industry, from carriers of dangerous goods, training companies and also from provincial authorities.

Fifteen of those comments were supportive of the proposed amendments. Two commenters are opposed to a proposed clarification to a recent interpretation of the TDG Act to the effect that a placard should not be considered deceptive as to the presence of danger when the quantity of dangerous goods is under the 500 kg limit.

As a result of other comments received, the following modifications are implemented in these amendments:

Rationale

These amendments could require the display of more placards and, consequently, the use of more placard holders. This represents a cost, albeit very small, to industry. A placard costs between $0.95 and $2.50 (permanent, adhesive or reusable), and a placard holder costs approximately $17.00. A placard is required to be displayed on each side and each end of a large means of containment resulting in four placards. The cost of an additional placard would be up to $80.00 per large means of containment, due to the exclusion of some dangerous goods from identification by the DANGER placard. Such a cost primarily impacts carriers of mixed loads of dangerous goods, mostly the “Less than truckload” or LTL shipping companies currently displaying the DANGER placard for dangerous goods that, in these amendments, are not allowed to be identified by a DANGER placard. Because most LTL carriers also do business in the United States under the 49 CFR and because the new requirements set out in the TDG Regulations will be fully harmonized with the 49 CFR, it is believed that their trucks are already equipped with enough placard holders to comply with these amendments and would add little or no cost to these carriers.

Implementation, enforcement and service standards

Compliance with the TDG Act, 1992, and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces that inspect all modes of transport and all consignors of dangerous goods.

Contact

For further information on the amendments to the TDG Regulations, please contact

Geneviève Sansoucy
Analyst
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Transport Canada
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5766
Fax: 613-993-5925
Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca